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15A NCAC 07H.0308
SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS
(a) Ocean Shoreline Erosion Control Activities:
(1) Use Standards Applicable to a0 Erosion Control Activities:
(A)
All oceanfront erosion response activities shall be consistent with the general policy
statements in 15A NCAC 07M .0200.
(B)
Permanent erosion control structures may cause significant adverse impacts on the value and
enjoyment of adjacent
properties or public access to and use of the ocean beach, and,
therefore, unless specifically
authorized under the Coastal Area Management Act, are
prohibited. Such structures include bulkheads, seawalls, revetments, jetties, groins and
breakwaters.
(C)
Rules concerning the use of oceanfront erosion response measures apply to all oceanfront
properties without regard to the size of the structure on the property or the date of its
construction.
(D)
Shoreline erosion response projects shall not be constructed in beach or estuarine areas that
sustain substantial habitat for fish and wildlife species, as identified by natural resource
agencies during project review, unless mitigation measures are incorporated into project
design, as set forth in Rule .0306(h) of this Section.
(E)
Project construction shall be timed to minimize adverse effects on biological activity.
(F)
Prior to completing any erosion response project, all exposed remnants of or debris from
failed erosion control structures most be removed by the permittee.
(G)
Permanent erosion control structures that would otherwise be prohibited by these standards
may be permitted on finding by the Division that
(i) the erosion control structure is necessary to protect a bridge that provides the only
existing road access on a barrier island, that is vital to public safety, and is
imminently threatened by erosion as defined in Part (a)(2)(B) of this Rule;
(ii) the erosion response measures of relocation, beach nourishment or temporary
stabilization are not adequate to protect public health and safety; and
(iii) the proposed erosion control structure will have no adverse impacts on adjacent
properties in private ownership or on public use of the beach.
(H)
Structures that would otherwise be prohibited by these standards may also be permitted on
finding by the Division that:
(i) the structure is necessary to protect a state or federally registered historic site that is
imminently threatened by shoreline erosion as defined in Part (a)(2)(B) of this Rule;